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(영문) 서울중앙지방법원 2017.04.21 2016가단5103555
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) Mutual Savings Bank (SBA) among the Co., Ltd. (SBA 3 Savings Bank) changed its trade name into the Plaintiff’s claim 1.

hereinafter referred to as “nive bank”

(2) On July 18, 2006, the bank extended a loan of KRW 110 million to C on July 19, 2008, with the rate of 10.5% per annum, and interest interest at 24% per annum. 2) The bank transferred the above loan claim to the Plaintiff on June 17, 2014, and the same year.

7.9. Around 9.0, he notified C of the assignment of claims.

B. Change in ownership of the apartment of this case and provisional registration 1 of this case) Ebroin Co., Ltd. (hereinafter “Ebrosion company”)

) The apartment building of E is newly constructed on the land outside of D and five parcels in the Cheongju-si, a substantial area of Cheongju-si, and one of them is the apartment building listed in the separate sheet (hereinafter referred to as “instant apartment building”).

On September 6, 2005, registration of ownership preservation was completed for the apartment of this case. 2) On January 7, 2008, the registration of ownership transfer in the name of the defendant A, the provisional registration of the right to claim ownership transfer in the name C on March 17, 2009 (hereinafter "the provisional registration of this case"), and the registration of ownership transfer in the name of the defendant B on December 14, 2009 was completed consecutively.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 4 through 6, and the purport of the whole pleadings

2. The primary claim against the defendant A;

A. The Plaintiff, a creditor of the Plaintiff’s assertion C, expressed his/her intent to complete a pre-sale agreement, which was the cause of the provisional registration of this case, on behalf of the Plaintiff, on behalf of C, by serving a duplicate of the instant complaint, and thus, the Defendant A is obliged to perform the principal registration procedure based on the provisional registration

B. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 6, Nos. 1, 2, 1, 2, and 1 and 2 of the judgment No. 1, Defendant A, who is a child of Defendant A, performed fire-fighting systems construction in the new construction process of E apartment and received the apartment of this case as substitute payment in lieu of the construction cost.

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